Drug-Related Incidents on University Property
Dear University of Huddersfield,
I am writing to request information under the Freedom of Information Act regarding drug-related incidents reported in buildings owned by the University of Huddersfield or on university grounds.
Please provide the following details for the past five years, broken down where possible:
1. Number of staff involved in drug-related incidents (the accused).
2. Number of students involved in drug-related incidents (the accused).
3. Type of drug involved in each incident, categorised where possible. Examples of categories include:
• Cannabis
• Cocaine
• Prescription drugs (misused or non-prescribed)
• Stimulants
• Opioids
• Hallucinogens
• Other (please specify)
4. Number of disciplinary procedures undertaken, separated by:
• Students
• Staff
5. Number of staff who were separated from the university as a result of a drug-related incident (please indicate any relevant terminology if ‘separated’ is not applicable).
6. Number of students who were separated from the university due to a drug-related incident (again, please indicate if there is more suitable terminology).
7. Number of police referrals for drug-related incidents.
Please provide the data in a table format, and if possible, by academic year.
Thank you for your assistance. I look forward to your response within the statutory 20 working days.
Yours faithfully,
Elijah Adebayo
Thank you for your email.
If your enquiry is a request for information under the Freedom of
Information Act 2000 or the Environmental Regulations 2004, you will
receive the information requested within the statutory timescale of 20
working days, as defined by the Act, subject to the information not being
exempt. Please note that if the information you request contains reference
to a third party then they may be consulted prior to a decision being
taken on whether or not to release the information to you.
If the request relates to your own personal data under the Data Protection
Act 2018, please email [1][email address]
For any other enquiry, please visit the University’s contact pages to help
you redirect your email: [2]https://www.hud.ac.uk/contact/
Yours sincerely,
The Information Governance Officer
University of Huddersfield inspiring global professionals.
This transmission is confidential and may be legally privileged. If you
receive it in error, please notify us immediately by e-mail and remove it
from your system. If the content of this e-mail does not relate to the
business of the University of Huddersfield, then we do not endorse it and
will accept no liability.
References
Visible links
1. mailto:[email%20address]
2. https://www.hud.ac.uk/contact/
Good morning,
Our response to your request for information dated 27 October 2024 is
provided below.
The following information relates to any drug-related incidents reported
to the University, that happened in buildings owned by the University of
Huddersfield, or on the University ground.
1. Number of staff involved in drug-related incidents (the accused) that
happened in buildings owned by the University of Huddersfield or on
the University grounds.
2019/20 – Nil
2020/21 – Nil
2021/22 – Nil
2022/23 – Nil
2023/24 – Nil
2. Number of students involved in drug-related incidents (the accused),
that happened in buildings owned by the University of Huddersfield or
on the University grounds.
2019/20 – ˜5 (less than or equal to 5)
2020/21 – Nil
2021/22 – Nil
2022/23 – Nil
2023/24 – Nil
Because of the small numbers involved, to provide you with exact numbers
of students and further details as requested could lead to the
identification of individuals, which is covered by the Data Protection Act
2018. Accordingly, this email constitutes a refusal notice for this
element of your request under Section 17(1) of the Freedom of Information
Act and an exemption under Section 40(2) by virtue of 40(3)(a)(i) of the
Act is being applied. Under the Freedom of Information Act disclosure of
these details in full would breach the fair processing principle contained
in the Data Protection Act, where it would be unfair to individuals.
If you are dissatisfied with the handling of your requests, you have the
right to ask for an internal review. Internal review requests should be
submitted within 40 working days from the date of our response to your
original request and should be addressed to the University Secretary,
University of Huddersfield, Queensgate, Huddersfield HD1 3DH or by email
to [1][University of Huddersfield request email].
Please note that all copyright in this response belongs to the University
of Huddersfield; you are not permitted to publish, reproduce, copy or
otherwise use this response, except as permitted by the Copyright, Designs
and Patents Act 1988.
Further information about the Freedom of Information Act can be obtained
from the Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF, [2]http://www.ico.org.uk/.
Yours sincerely
Esha Goswami
Information Governance Officer
University of Huddersfield
Dear University of Huddersfield,
I am writing to formally request an internal review of the University’s response to my Freedom of Information (FOI) request dated 27 October 2024. I believe the refusal to provide specific details and the application of exemptions under Sections 17 and 40 of the Freedom of Information Act (FOIA) were not justified. I will outline below why this decision appears to be unlawful and request a reconsideration of my original request.
Misapplication of Section 40(2): Personal Data and Identifiability
The University claims that providing exact numbers for students involved in drug-related incidents where figures are fewer than or equal to five could lead to the identification of individuals. However, the Information Commissioner’s Office (ICO) guidance on the application of Section 40(2) does not justify blanket refusals for small datasets. To lawfully withhold information under this exemption, the University must:
Demonstrate the risk of identification: It must show how disclosure of the specific numbers could reasonably lead to the identification of individuals, taking into account the nature of the dataset and the context in which it is disclosed. No evidence or reasoning has been provided to substantiate such a claim in this case.
Consider anonymisation techniques: The University has not explained why it could not apply anonymisation measures, such as aggregating data further or using ranges, which would satisfy the FOIA’s transparency requirements while protecting personal data. For example, disclosing “0-5” instead of “≤5” would maintain statistical transparency without risking identifiability.
Balance the public interest: The public interest in understanding the scale and nature of drug-related incidents on university grounds is significant. Transparency on these issues contributes to accountability, improved safety measures, and informed decision-making by stakeholders, including students, staff, and the community. The refusal notice does not demonstrate how the balance of interests has been assessed.
Misapplication of Section 17(1): Refusal Notice Requirements
Section 17(1) of the FOIA requires that refusal notices explain:
Which exemptions are being applied;
Why those exemptions apply to the information requested; and
How the public interest test has been considered, where relevant.
The response provided by the University does not adequately meet these requirements. Specifically:
Insufficient reasoning: The refusal notice does not explain how or why the disclosure of exact numbers would breach the Data Protection Act 2018. The ICO’s guidance emphasises the need for detailed explanations to ensure requesters understand the reasoning behind exemptions.
Public interest test omission: For qualified exemptions like Section 40(2), the response must demonstrate that the University has considered the public interest test where applicable. The response fails to provide any evidence that this has been done.
Unlawful Restriction of Data Disclosure
The FOIA promotes openness and transparency, particularly in cases where data relates to public safety or the conduct of public institutions. By withholding specific data without sufficient justification, the University risks undermining its legal obligations under the FOIA.
Request for Internal Review
I respectfully request that the University conduct an internal review of this decision and reconsider its application of exemptions under Sections 17 and 40. Specifically, I ask that the University:
Reassess the claim that providing exact numbers could lead to the identification of individuals, providing detailed reasoning and evidence if this claim is maintained;
Explore alternative anonymisation techniques to provide as much information as possible while complying with data protection laws;
Reevaluate the public interest test, considering the strong public interest in transparency regarding drug-related incidents on university property;
Provide a revised response that meets the statutory requirements of the FOIA, including clear explanations and justifications for any information that remains withheld.
Should the internal review uphold the original decision, I may refer this matter to the Information Commissioner’s Office for further investigation. I look forward to receiving a response to this review request within 20 working days, as stipulated by the FOIA.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Elijah Adebayo
Thank you for your email.
If your enquiry is a request for information under the Freedom of
Information Act 2000 or the Environmental Regulations 2004, you will
receive the information requested within the statutory timescale of 20
working days, as defined by the Act, subject to the information not being
exempt. Please note that if the information you request contains reference
to a third party then they may be consulted prior to a decision being
taken on whether or not to release the information to you.
If the request relates to your own personal data under the Data Protection
Act 2018, please email [1][email address]
For any other enquiry, please visit the University’s contact pages to help
you redirect your email: [2]https://www.hud.ac.uk/contact/
Yours sincerely,
The Information Governance Officer
University of Huddersfield inspiring global professionals.
This transmission is confidential and may be legally privileged. If you
receive it in error, please notify us immediately by e-mail and remove it
from your system. If the content of this e-mail does not relate to the
business of the University of Huddersfield, then we do not endorse it and
will accept no liability.
References
Visible links
1. mailto:[email%20address]
2. https://www.hud.ac.uk/contact/
Good Afternoon,
Further to your e-mail dated 23 November 2024, requesting an internal
review of our response to your request under the Freedom of Information
Act please find below my response, on behalf of the University of
Huddersfield (“the University”).
1. Review Process
In conducting this internal review, I have carefully reviewed your request
and the University’s response, which are summarised below:
• Your initial Freedom of Information request dated 27 October 2024
requesting the following information.
1. Number of staff involved in drug-related incidents (the accused)
from 2019/20 to 2023/24 that happened in buildings owned by the University
of Huddersfield or on the University grounds.
2. Number of students involved in drug-related incidents (the accused)
from 2019/20 to 2023/24 that happened in buildings owned by the University
of Huddersfield or on the University grounds.
3. Type of drug involved in each incident.
4. Number of disciplinary procedures undertaken for the above cases,
for staff and students from 2019/20 to 2023/24.
5. Number of staff who were separated from the university as a result
of a drug-related incident from 2019/20 to 2023/24..
6. Number of students who were separated from the university due to a
drug-related incident from 2019/20 to 2023/24..
7. Number of police referrals for drug-related incidents from 2019/20
to 2023/24..
· Our response dated 22 November 2024 (“Response”).
· Your email dated 23 November 2024 requesting a review of the
University’s handling of your request, specifically requesting the
following:
· Reassess the claim that providing exact numbers could lead to the
identification of individuals, providing detailed reasoning and evidence
if this claim is maintained.
· Explore alternative anonymisation techniques to provide as much
information as possible while complying with data protection laws.
· Reevaluate the public interest test, considering the strong
public interest in transparency regarding drug-related incidents on
university property.
· Provide a revised response that meets the statutory requirements
of the FOIA, including clear explanations and justifications for any
information that remains withheld.
2. Response
The University responded to question 1 in full, and subsequently the
response to question 5 is ‘not applicable’.
For question 2, the University confirmed that there were less than or
equal to 5 (≤5) number of cases in 2019/20 and confirmed that there were
no such cases for the years 2020/21, 2021/22, 2022/23 and 2023/24. The
Response applied exemption under Section 40(2) by virtue of 40(3)(a)(i) of
the FOIA due to the low number.
Data requested for questions 3,4, 6 and 7 for students’ cases were
withheld and the Response applied exemption under Section 40(2) by virtue
of 40(3)(a)(i) of the FOIA.
3. Internal Review
Having undertaken a detailed analysis of the University’s Response, my
review has found out the following.
Application of Section 40(2)
The number of students involved in drug-related incidents (the accused)
from 2019/20 to 2023/24 that happened in buildings owned by the University
of Huddersfield or on the University grounds, were very low, and therefore
the University applied an anonymisation technique so that the information
does not identify, directly or indirectly, to individual/s, and provided
the information as less than or equal to 5.
Information requested in question 3, 4 and 6 relates to the individual’s
case namely, the type of drug involved and what actions/ disciplinary
proceeding were taken by the University for the student/s involved, and if
the outcome of the case disciplinary proceeding was permanent exclusion
from the University.
The Data Protection legislation is concerned with ‘personal data’. It says
that ‘personal data’ means data which relate to a living individual who
can be identified (a) from those data, or (b) from those data and other
information, which is in the possession of, or is likely to come into the
possession of.
Due to the low number of students involved, information requested in
questions 3, 4 and 6 could be combined, or pieced together to identify the
individual/s. The University followed the ICO’s guidance ensuring
anonymisation is effective and reduced the likelihood of someone being
identified or identifiable to a sufficiently remote level. The information
requested in questions 3,4 and 6, if provided would be considered as a
‘linkability’, or mosaic / jigsaw effect and therefore could lead to
identification of an individual if combined.
Section 40(2) of FOIA provides that information is exempt from disclosure
if it is the personal data of an individual other than the requester and
where one of the conditions listed in section 40(3A)(3B) or 40(4A) is
satisfied. In this case the relevant condition is contained in section
40(3A)(a). [1]Freedom of Information Act 2000 This applies where the
disclosure of the information to any member of the public would contravene
any of the principles relating to the processing of personal data set out
in Article 5 of the General Data Protection Regulation. For this reason,
the University operates a standard policy that low numbers should not be
published or disclosed including in response to requests for information
under the Act.
Whilst the statistical information requested does not by itself constitute
personal data for the purposes of the Data Protection legislation, there
is a possibility that, where the numbers involved are low when combined
with other information held or in the public domain, could result in
individuals being identified (including a risk of self-identification
which could lead to damage or distress) and this could constitute a breach
of the University’s obligations under the Data Protection legislation.
The University uses a standard procedure to provide data as ‘less than or
equal to 5’ where numbers are low. However, as requested and maintaining
the statistical transparency, we can disclose that this could be
interpreted as 0 – 5.
The University understands the public interest in understanding the scale
and the nature of drug related incidents that happened on the University
grounds, and therefore considered the balancing test between the
legitimate interest in disclosure against the individual’s fundamental
rights and freedom. In considering the balancing test the University
considered the potential harm or distress that disclosure may cause, and
the reasonable expectations of the individual. Due to the sensitivity of
the matter, the University also considered whether disclosure would likely
to result in unwarranted damage or distress to the individual.
Having undertaken a detailed analysis, my review has determined that the
University's was correct in withholding the exact numbers, and the
associated information and relying on the same exemption under Section
40(2) of the Act by virtue of Section 40(3)(a)(i) of the Act, for
questions 2,3, 4 and 6.
However, due to the sensitivity of the matter and public interest in
understanding about such cases, information related to question 7 should
have been provided by the University. Please find below the information as
requested in question 7.
7. Number of police referrals for drug-related incidents.
0 - 5.
Please note that all case/s were reported to the University by the police.
If you have any queries or concerns regarding the handling of the internal
review, please do not hesitate to contact me via [2][University of
Huddersfield request email]
If you remain dissatisfied with this response, you have the right to apply
directly to the Information Commissioner’s Office (“ICO”) for a decision.
The ICO can be contacted at Information Commissioner’s Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely
Alison Jones
University Secretary
University of Huddersfield
Dear Alison Jones,
Thank you for your response to my internal review request regarding my FOI request dated 27 October 2024. I appreciate the time taken to address my concerns and for providing additional information.
However, I note that point 5 of my original request—regarding the number of staff separated from the university as a result of a drug-related incident—has not been explicitly addressed. The response states that this information is ‘not applicable,’ but no reasoning has been provided as to why this is the case.
Could you please clarify the following:
1. Does the university hold any records relating to point 5?
2. If the university does not hold such records, could you confirm this explicitly?
3. If the information is withheld, could you provide the specific exemption under the Freedom of Information Act that applies and the reasoning behind its application?
I look forward to your response within the statutory time frame.
Yours sincerely,
Elijah Adebayo
Thank you for your email.
If your enquiry is a request for information under the Freedom of
Information Act 2000 or the Environmental Regulations 2004, you will
receive the information requested within the statutory timescale of 20
working days, as defined by the Act, subject to the information not being
exempt. Please note that if the information you request contains reference
to a third party then they may be consulted prior to a decision being
taken on whether or not to release the information to you.
If the request relates to your own personal data under the Data Protection
Act 2018, please email [1][email address]
For any other enquiry, please visit the University’s contact pages to help
you redirect your email: [2]https://www.hud.ac.uk/contact/
Yours sincerely,
The Information Governance Officer
University of Huddersfield inspiring global professionals.
This transmission is confidential and may be legally privileged. If you
receive it in error, please notify us immediately by e-mail and remove it
from your system. If the content of this e-mail does not relate to the
business of the University of Huddersfield, then we do not endorse it and
will accept no liability.
References
Visible links
1. mailto:[email%20address]
2. https://www.hud.ac.uk/contact/
Dear Elijah,
I refer to our previous response to question 1 and subsequently to our
response to question 5.
1. Number of staff involved in drug-related incidents (the
accused) that happened in buildings owned by the University of
Huddersfield or on the University grounds.
2019/20 – Nil
2020/21 – Nil
2021/22 – Nil
2022/23 – Nil
2023/24 – Nil
5. Number of staff who were separated from the university as a
result of a drug-related incident.
As no members of staff were involved in drug-related incidents
that happened in buildings owned by the University of Huddersfield or on
the University grounds, there wasn't any disciplinary actions taken
against any staff and therefore no one was dismissed due to the above
incidents. We have therefore responded to this question as 'Not
applicable'.
I hope this clarifies our response.
Alison Jones
University Secretary
University of Huddersfield
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